beta
(영문) 인천지방법원 2020.06.10 2020고정563

자본시장과금융투자업에관한법률위반등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B In order to carry out futures trading which is exchange-traded derivatives, it is necessary to have a certain amount of deposit more than a certain amount of deposit and, unless there is no deposit, it is difficult to carry out futures trading, and it is the representative director of C of a corporation operating a private futures trading site (hereinafter “the above site”) that does not carry out actual transactions. The Defendant is a business team employee of the above corporation C and D is a building expert who recruits members of private futures options.

Upon opening the above site with B, etc., the Defendant recruited users recommended from crowdfunding experts, etc. who offer lectures related to futures options in online broadcasting such as E, and mediates certain of them to conduct futures trading by using securities accounts, etc. with which customer margins are deposited, depending on their investment inclinations, and then, the Defendant received fees calculated at a certain rate of the investment amount from its members at each time of trading in connection with the Exchange COS 200 index, etc., but in the case of virtual futures investment, the Defendant continued to operate the above futures trading site by acquiring the loss of its members.

B shall exercise overall control over the affairs of the above C and the site operation, and the defendant works for the employees of the above C business team in the F and the second floor of Jongno-gu Seoul Metropolitan Government from September 2017 to August 2018, the defendant served as the employees of the above C business Team, and the inducement of members, the entry of building experts, the management of members, and the role of attracting and managing the building experts, such as stock broadcasting BJ.

Accordingly, the Defendant, B, etc. operates the above site, recruited members who will trade futures trading issues linked to the COS 200 index, and sent the HTS program, such as “G,” to its members by e-mail, and deposited cash into the account designated by the Defendant, etc., for sale converted into 1:1 ratio.